Uh-oh… Group chat admins on WhatsApp could face legal charges for offensive content

*Checks Phone... Prepares for court*

The question was discussed on eNCA this week, after a group of men in India assaulted and killed someone falsely accused of being in a kidnapping ring. The story was shared via WhatsApp

Eventually, the admin of the chat was charged – as was the case seven weeks ago when charges were brought against a group that shared an offensive picture of the Indian Prime Minister.

Simon Colman fielded the station’s questions: His specialist underwriting firm SHA have been considering the implications of legal charges being brought against group chat admins for any offensive material, should it ever become an issue in South Africa.

Mr Colman is their Head of Digital Distribution, and he has offered advice to those who want to keep themselves out of trouble:

“We have a long way before we get to the stage of prosecuting admins, but what’s interesting is that WhatsApp is actually a social media platform. Many perceive it as a private messaging service, and that in itself can lead to problems.”

Just think about what gets shared in your WhatsApp chats. How much of that would you post to Facebook? Most of us are in groups that have absolute animals in them; you’d never dream of making that content public!

Colman emphasised how defamation is becoming a huge issue in this context:

“It’s the global trend of ‘fake news’. This is what regulators are trying to stop. This is why they are trying to make admins liable for the content. If something is offensive or creates harm, then the administrator has a responsibility to regulate this.”

Part of the problem with WhatsApp is the inability for people to ‘unsend’ messages. Once it has been posted, a user can only delete content from their own timeline. It stays in the chat unless every individual agrees to remove it.

There’s no need to panic though, according to Colman. If you’re an admin struggling to reign in rowdy participants, here’s what you can do to keep yourself in a legal safe space.

When you set up a group, admins must advise people as they join – ‘we don’t accept any offensive content. If you post any, you’ll be deleted and we’ll post our retraction.’ That’s all an admin can do, really.”

So group admins, release your inner He-Man and remember: YOU have the power.